90 



than creation of new wetland. In situations where restoration or enhancement are not feasible, 

 mitigation in the funn of created wetland may be acceptable if: 



1) documentation is available on the success of projects creating similar types of 



wetland in thai region; or 



2) the permittee provides ninding for research on similar natural wetlands in the region 



that would identify means by which the form and function of the impacted 

 wetland could be duplicated in a newly created wetland; and, 



3) the permittee insures that development of the new wetland is conducted under the 



direction of competent biologists employing current information or information 

 obtained from studies on the model natural wetland; 



4) the permittee agrees to provide for long-term monitoring to insure the new wetland 



is functional and self-perpetuating; and, 



5) the permitee agrees to provide for long-term financial support through an 



irrevocable trust to ensure funding for necessary management. 



MITIGATION BANKING 



Existing regulatory delays and the inability of some developments to avoid detrimentally 

 impacting wetlands led to proposals for establishing wetland banks to facilitate compliance with 

 replacement requirements. Various groups have proposed establishing specific area.s where wetlands 

 are proiecied/resiored/created and cooperating parties could receive 'credits" for wetlands in the bank 

 that would be used to offset liability for detrimentally impacting wetlands in a new development. 



Current delays and lengthy regulatory processes reflect: 



1) the complexity of wetlands and our inability to adequately evaluate functional 



values and insure replacement of form and function through mitigation; and, 



2) inability of regulatory agencies to agree on and implement standardized permit 



processing procedures. 



The present regulatory quagmire serves neither to protect wetlands nor their functional values, 

 accomplish no-net loss or net-gam, nor to accommodate economic development in an orderly, cost- 

 effective manner. Present regulations, in .some instances, may contravene society's goals to protect 

 and restore wetlands, and current wetland regulations need to have more latitude to encourage and 

 support wetland restoration/creation proiects by various organizations. Increased regulatory flexibility 

 must include pro-active acquisition and long-term management if compensatory mitigation and 

 mitigation banking are to protect and restore our Nation's wetland resources. 



Economics are part of natural resources management and are certainly no reason to oppose the 

 concept of wetland mitigation banks. Furthermore, opposition is no longer timely. Mitigation banks 

 and banking programs are increasing almost exnonentially. Preliminary results from the COE 

 mitigation banking survey indicate existing banlcs had increased from 13 in 1988 to 20 in 1991 with at 

 least 100 in active or planning .status in 1992. 



What impact do mitigation banks have on the Nation's wetland and wildlife resources and can 

 current rigid regulatory applications be modified to achieve the goal of minimizing loss, and 

 maintaining andrejitoring wetland functions? Do we achieve better quality management for wetland 

 resources within the structure of mitigation hanking than without it? Mitigation banking gambles that 

 focusing eflbris on fewer and more significant wetlands will have positive results for the landscape, 

 even though centralization of those elements, and loss of peripheral elements, may have some negative 

 effects. 



Mitigation banking may have many positive as well as negative impacts on wildlife, wetlands 

 and society and a summary of each is included the report. Wildlife scientists and managers must 

 initiate a pro-active approach to mitigation and mitigation banking and develop guidelines that will 

 respond to the needs or developers and accomplish a net gain in wetland resources. More over, the 

 policy must increase wetland form and fiinctional values and concurrently reduce and standardize 

 regulatory requirements. 



